Expunging or Sealing a Felony in New Hampshire
Which felony convictions can be expunged or sealed in New Hampshire, the waiting period, and how to file.
Short answer: Felony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. RSA 651:5, III(d)–(g), V, VI, XIII, XIV
| Felony convictions | Felony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. Never eligible: violent crimes (such as murder, manslaughter, first-degree assault, aggravated or felonious sexual assault, kidnapping, class A arson, robbery, and felony child sexual abuse images), felony obstruction of justice, and any offense that received an extended term of imprisonment. If any conviction on the record is barred, none can be annulled. |
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| How to apply | File a petition for annulment with the sentencing court once the waiting period has passed. The court has the Department of Corrections report on the person's state and federal record. The court may grant or deny without a hearing unless the person asks for one. If a new disqualifying charge is filed before the decision, the petition waits until that charge is resolved. Petitions that do not meet the requirements are dismissed without a hearing. When annulment is granted, the court issues a certificate and notifies the state police, prosecutor and arresting agency. Source: RSA 651:5, I, VII–IX, X(b) |
| What clearing a record does | After annulment, the person is treated in all respects as if never arrested, convicted or sentenced. The annulled conviction can still be considered at sentencing for a later crime and counted toward habitual-offender status. Court records are sealed and open only to the person, their attorney, courts for sentencing and law enforcement for legitimate purposes. On applications for employment, licenses or other rights, and as a witness, a person may be asked only about crimes "not annulled by a court." Law enforcement may keep the records for investigations and for officer-fitness reviews. Journalists and others are not penalized for publishing or not removing earlier reports of the record. The statute does not address firearm rights or immigration; state annulment may not control how federal authorities treat a record. Source: RSA 651:5, X, XI, XVI, XVII |
Where to get help in New Hampshire
More New Hampshire expungement & criminal records
- Getting a Copy of Your New Hampshire Criminal Record
- Clearing a DUI From Your Record in New Hampshire
- How to File for Expungement in New Hampshire
- Sealing or Expunging Juvenile Records in New Hampshire
- All New Hampshire expungement & criminal records rules
FAQ
Can a felony be expunged in New Hampshire?
Felony convictions can be annulled after completing the sentence with no new convictions: 5 years for a class B felony, 10 years for a class A felony, and 10 years for felony sexual assault or felony indecent exposure or lewdness. Never eligible: violent crimes (such as murder, manslaughter, first-degree assault, aggravated or felonious sexual assault, kidnapping, class A arson, robbery, and felony child sexual abuse images), felony obstruction of justice, and any offense that received an extended term of imprisonment. If any conviction on the record is barred, none can be annulled.
How do you file for expungement in New Hampshire?
File a petition for annulment with the sentencing court once the waiting period has passed. The court has the Department of Corrections report on the person's state and federal record. The court may grant or deny without a hearing unless the person asks for one. If a new disqualifying charge is filed before the decision, the petition waits until that charge is resolved. Petitions that do not meet the requirements are dismissed without a hearing. When annulment is granted, the court issues a certificate and notifies the state police, prosecutor and arresting agency.
What happens after a record is expunged or sealed in New Hampshire?
After annulment, the person is treated in all respects as if never arrested, convicted or sentenced. The annulled conviction can still be considered at sentencing for a later crime and counted toward habitual-offender status. Court records are sealed and open only to the person, their attorney, courts for sentencing and law enforcement for legitimate purposes. On applications for employment, licenses or other rights, and as a witness, a person may be asked only about crimes "not annulled by a court." Law enforcement may keep the records for investigations and for officer-fitness reviews. Journalists and others are not penalized for publishing or not removing earlier reports of the record.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.